Does Fly To Fit assume any liability with respect to the leased premises by executing the Rider?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Right to Enter. Upon the expiration or termination of the Franchise Agreement or the Lease, or the termination of Tenant's right of possession of the Leased Premises, Franchisor or its designee may, after giving reasonable prior notice to Landlord, enter the Leased Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
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- No Liability. By executing this Rider, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit does not assume any liability with respect to the leased premises or any obligation as the tenant under the lease by executing the Rider. However, if the Franchise Agreement or the Lease expires or terminates, or if the tenant's right of possession of the leased premises terminates, Fly To Fit or its designee can enter the leased premises after giving reasonable prior notice to the landlord to remove signs and other materials bearing Fly To Fit's brand name, trademarks, and commercial symbols. Fly To Fit will be liable to the landlord for any damage Fly To Fit or its designee causes by such removal.
Furthermore, the landlord must provide Fly To Fit with copies of any written notice of default given to the tenant under the lease. The landlord grants Fly To Fit the option, but not the obligation, to cure any default under the lease if the tenant fails to do so within 10 days after the expiration of the period in which the tenant may cure the default. The landlord must also copy Fly To Fit on any notice of termination of the lease. If the landlord terminates the lease for the tenant's default, Fly To Fit has the option to enter into a new lease with the landlord on the same terms and conditions as the terminated lease. To exercise this option, Fly To Fit must notify the landlord within 15 days after receiving notice of the termination of the lease.
Additionally, if the Franchise Agreement between Fly To Fit and the tenant is terminated during the term of the lease, the tenant must assign the lease to Fly To Fit upon Fly To Fit's written request, and the landlord consents to this assignment. The tenant has the right to assign or sublet the lease to Fly To Fit, but this does not relieve the tenant or any guarantor of liability under the lease. If Fly To Fit becomes the lessee of the leased premises, it has the right to assign or sublease its lease to another Fly To Fit franchisee. Any provision of the lease that limits the tenant's right to own or operate other Fly To Fit outlets near the leased premises does not apply to Fly To Fit. The tenant authorizes the landlord and Fly To Fit to communicate directly with each other about the tenant and the tenant's business.